Copyright Registration for Pictorial, Graphic, and ...

1 Circular 40. w Copyright Registration for pictorial , Graphic, and Sculptural Works Copyright is a form of protection provided by law to authors of original works of authorship, including pictorial , graphic, and sculptural works. The owner of Copyright in a work has the exclusive right to make copies, pre- pare derivative works, sell or distribute copies, and display the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author. A work is automatically protected by Copyright when it is created, that is, fixed in a copy or phonorecord for the first time. Neither Registration in the Copyright Office nor publication is required for Copyright protection. There are, however, certain advantages to Registration , including establishment of a public record of the Copyright claim. See the heading Effective Date of Regis- tration on page 3 for more details.

2 Copyright Notice Before March 1, 1989, the use of a Copyright notice was mandatory on all published works, and any work first published before that date should have carried a notice. For works first published on or after March 1, 1989, use of a Copyright notice is optional. For more information about Copyright notice, see Circular 3, Copyright Notice, available on the Copyright Office website at Publication Copyright law defines publication as the distribution of copies of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. Offering to distribute copies to a group of people for purposes of further distri- bution or public display also constitutes publication. A public display does not in itself constitute publication. A work of art that exists in only one copy, such as a painting or a statue, is not regarded as published when the single existing copy is sold or offered for sale in the traditional way, such as through an art dealer, gallery, or auction house.

3 A statue erected in a public place is not necessarily published. When the work is reproduced in multiple copies, such as in reproductions of a painting or castings of a statue, the work is published when the reproductions are publicly distributed or offered to a group for further distribution or public display. 2 Copyright Registration for pictorial , Graphic, and Sculptural Works 2. Publication is an important concept in Copyright . Stained glass designs Whether a work is published or not can affect the number of Stencils, cut-outs copies and the type of material that must be deposited when Technical and mechanical drawings, architectural draw- registering the work. In addition, some works published in ings or plans, blueprints, diagrams the United States become subject to mandatory deposit in the Library of Congress. These requirements are explained Weaving designs, lace designs, tapestries elsewhere in this circular.

4 Copyright protection for an original work of authorship does not extend to Works of the Visual Arts Ideas, concepts, discoveries, principles Formulas, processes, systems, methods, procedures Copyright protects original pictorial , graphic, and sculp- Words or short phrases, such as names, titles, and slogans tural works, which include two- and three-dimensional works of fine, graphic, and applied art. Examples of such Familiar symbols or designs works include Mere variations of typographic ornamentation, lettering, Advertisements, commercial prints, labels or coloring Artificial flowers and plants Artwork applied to clothing or to other useful articles Useful Articles Bumper stickers, decals, stickers A useful article is an article having an intrinsic utilitarian Cartographic works, such as maps, globes, relief models function that is not merely to portray the appearance of Cartoons, comic strips the article or to convey information.

5 Examples are clothing, Collages furniture, machinery, dinnerware, and lighting fixtures. An Dolls, toys article that is normally part of a useful article may itself be a useful article an ornamental wheel cover on a vehicle, for Drawings, paintings, murals example. Enamel works Copyright does not protect the mechanical or utilitar- Fabric, floor, and wall-covering designs ian aspects of such works of craftsmanship. It may, however, Games, puzzles protect any pictorial , graphic, or sculptural authorship that can be identified separately from the utilitarian aspects of Greeting cards, postcards, stationery an object. Thus a useful article may have both copyrightable Holograms, computer and laser artwork and uncopyrightable features. For example, a carving on Jewelry designs the back of a chair or a floral relief design on silver flatware Models could be protected by Copyright , but the design of the chair or flatware itself could not.

6 Mosaics Some designs of useful articles may qualify for protection Needlework and craft kits under the federal patent law. For information, visit the Original prints, such as engravings, etchings, serigraphs, Patent and Trademark Office website at or silk-screen prints, woodblock prints call (800) 786-9199. Patterns for sewing, knitting, crochet, needlework Copyright in a work that portrays a useful article extends only to the artistic expression of the author of the pictorial , Photographs, photomontages graphic, or sculptural work. It does not extend to the design Posters Record jacket artwork or photography 1. Copyright protection extends to the design of a building created Relief and intaglio prints for the use of human beings. Architectural works created on or after Reproductions, such as lithographs, collotypes December 1, 1990, or that on December 1, 1990, were either unconstruc.

7 Sculpture, such as carvings, ceramics, figurines, maquettes, ted or embodied only in unpublished plans or drawings are eligible. For molds, relief sculptures details, see Circular 41, Copyright Claims in Architectural Works. Copyright Registration for pictorial , Graphic, and Sculptural Works 3. of the article that is portrayed. For example, a drawing or You do not have to receive your certificate before you photograph of an automobile or a dress design may be copy- publish or produce your work, nor do you need permis- righted, but that does not give the artist or photographer the sion from the Copyright Office to place a Copyright notice exclusive right to make automobiles or dresses of the same on your work. However, the Copyright Office must have design. acted on your application before you can file a suit for copy- right infringement, and certain remedies, such as statutory damages and attorney's fees, are available only for acts of Registration Procedures infringement that occurred after the effective date of regis- tration.

8 If a published work was infringed before the effective An application for Copyright Registration contains three date of Registration , those remedies may also be available if essential elements: a completed application form, a non the effective date of Registration is no later than three months refundable filing fee, and a nonreturnable deposit that is, a after the first publication of the work. copy or copies of the work being registered and deposited The time the Copyright Office requires to process an with the Copyright Office. application varies, depending on the amount of material There are two ways to apply for Copyright Registration . the Office is receiving and the method of application. If you Online Registration through the electronic Copyright Office apply online for Copyright Registration , you will receive an (eCO) is the preferred way to register basic claims for literary email notification when your application is received.

9 If you works; visual arts works; performing arts works, including apply on a paper form, you will not receive an acknowledg- motion pictures; sound recordings; and single serials. Advan- ment of your application, but you can expect a certificate of tages of online filing include a lower filing fee; the fastest Registration indicating that the work has been registered; a processing time; online status tracking; secure payment by letter or a telephone call from the Copyright Office if fur- credit or debit card, electronic check, or Copyright Office ther information is needed; or, if the application cannot be deposit account; and the ability to upload certain categories accepted, a letter explaining why it has been rejected. of deposits directly into eCO as electronic files. To access The Copyright Office cannot honor requests to make eCO, go to the Copyright Office website and click on Register certificates available for pickup or to send them by express a Copyright .

10 Mail. If you want to know the date that the Copyright Office You can also apply using paper forms. To access fill-in ver- receives your paper application or your deposit, use regis- sions of Form VA (visual arts works) and Form CON (con- tered or certified mail and request a return receipt. tinuation sheet for paper applications), go to the Copyright Office website and click on Publications, then Forms. Com- plete the form(s) on your personal computer, print them out, Deposit Requirements and mail them with a check or money order and a deposit. Blank forms can also be printed out and completed by hand Circular 40a, Deposit Requirements for Registration of Claims or requested by postal mail (limit two copies of any one form to Copyright in Visual Arts Material, is a guide to material by mail). that should be sent when registering a claim. Circular 40a also defines terms such as complete copy, best edition.